Socio-Economie Rights in India: Democracy Taking Roots

Civilization of a society scales upon realization of human rights. Human rights are inalienable rights of every individual. Every society constitutes certain principles to promote and protect human rights. After tyrannical rule of Britishers, the Indian society also adopted a new dispensation contai...

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Bibliographic Details
Published in:Verfassung und Recht in Übersee 2009-01, Vol.42 (4), p.527-551
Main Authors: Shankar, Uday, Tyagi, Divya
Format: Article
Language:English
Subjects:
Courts of law
Democracy
Fundamental rights
Human rights
Judicial system
Natural rights
Shiva
Social justice
Socioeconomics
Statutory interpretation
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Summary:Civilization of a society scales upon realization of human rights. Human rights are inalienable rights of every individual. Every society constitutes certain principles to promote and protect human rights. After tyrannical rule of Britishers, the Indian society also adopted a new dispensation containing human rights. Human rights were distinguished in two categories; fundamental rights as justiciable and directive principles as non-justiciable in court of law. Fundamental rights were largely in the nature of civil and political rights whereas directive principles were in nature of socio-economic rights. The categorization was based upon Indian values and guided by struggle of independence. The judicial approach to nonenforceable rights raised serious doubts about commitment of legislature and executive in implementation of these rights. The judiciary started with negative note realized the importance of socio-economic right in humane development. However, judicial effort is to be viewed in the light of inherent limitations of the institution in ordering priorities based on budget and related factors. Therefore, a study is undertaken to examine the judicial approach in India and to suggest an establishment of suitable enforcement of institution to enforce socio-economic rights so that socio-economic rights need not take shelter of civil and political rights for their enforcement
ISSN:0506-7286